Avtar Singh & Anr. vs State of Punjab

Court

Supreme Court of India

Date

23 March 2023

Case No.

Criminal Appeal No. 1711 of 2011

Result

Allowed

Citation

[2023] 3 S.C.R. 639 : 2023 INSC 280

Headnote

Essential Commodities Act, 1955: s. 7 – Penalties – Appellants in unauthorized possession of gas cylinders – Conviction and sentenced u/s. 7, by the courts below – Appellants’ case that gas cylinder were seized by sub-inspector of the police, who was not authorised to do so – On appeal, held: Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all – Other methods are necessarily forbidden – In the absence of the authority and power with the Sub-Inspector to take action as per the Order, the proceedings initiated by him totally unauthorised and have to be struck down – Thus, the order passed by the courts below set aside – Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 – Clause 7. Dharani Sugars and Chemicals Ltd. v. Union of India and Ors. (2019) 5 SCC 480 : [2019] 6 SCR 307 –

referred to.

The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. The judgment of the High Court of Punjab & Haryana in Criminal Appeal No. 562-SB of 1997 dated January 15, 2010 is under challenge in this Appeal. 2. The appellants are aggrieved of their conviction under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as ‘the Act’). 3. The Trial Court vide judgment and order dated July 8, 1997 had convicted the appellants and directed them to undergo imprisonment for a period of six months alongwith fine of ` 500/- each. 4. The facts, as are available on record, ar

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